We filed it was accepted. I forgot to claim a child we had legal guardianship of for most of the year. How do I amend our tax return to claim another dependent?

Forum|Forum|4 years ago
March 2, 2022
1 reply
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Birth mom did not want to give us his social but is now telling us we need to claim him and is willing to give it to us.

TurboTax Deluxe Online

macuser_22

Alumni - Champ

Was this a legally placed foster child by a government agency that lived with you more than half the year or if born in 2021 most of the days that it was alive?

You can amend to add the child.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

angeliquebrown19Author

Level 2

It was legal guardianship per the court, but no he was not a foster child. His parents voluntarily signed him over and yes he was with us for more than half the year.

macuser_22

Alumni - Champ

@angeliquebrown19 wrote:

It was legal guardianship per the court, but no he was not a foster child. His parents voluntarily signed him over and yes he was with us for more than half the year.

I believe that under tax law a child placed with you by a court IS a foster child for tax purposes.

Per IRS Pub 17 page 30 https://www.irs.gov/pub/irs-pdf/p17sp.pdf

Foster child. A foster child is an individual who
is placed with you by an authorized placement
agency or by judgment, decree, or other order
of any court of competent jurisdiction.

Just enter the child as a foster child (which is the same as your child) on your amended return.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**